Principal Magistrate Caught in Lodging with a Minor Claims the Girl is 22 and Not 17
A magistrate who was allegedly caught defiling a minor at a hotel in Bomet last week has filed a petition seeking to stop his prosecution.
Senior Principal Magistrate James Ongondo of Kehancha law courts says the woman is 22 years old and not 17 as alleged.
In documents filed in court through his lawyer John Sakwa, Ongondo states that on the material date, he was at a social function with his peers when he was approached by police officers.
The lawyer argues that his client is prone to drinking with friends after completing his official duties.
Ongondo admitted that on that day he became intoxicated and was in the company of a lady, which is not illegal or prohibited by law.
"The Petitioner/Applicant was inebriated having induced a few alcoholic drinks being that he was away from official duties and in the midst of his peers celebrating a milestone accomplished by one of them," read court papers.
He claims he was arrested while retrieving his belongings from his car and taking them to the hotel room he had reserved for himself and the lady.
Ongondo says police informed him that the hotel's owner had filed a complaint but they arrested him despite explaining that the lady was over the age of 18.
He states that the lady had been drinking alcoholic beverages with him and his peers, but the hotel never raised an issue about her age. He adds that the hotel workers who assisted him in booking the room also never raised an issue.
Ongondo now claims to have verified the actual age of the lady through the production of her birth certificate, which shows that she is 22.
The magistrate claims he has not broken any laws, but the DCI intends to charge him for his failure to honor marital vows. He also claims to have been informed that the police had vowed to teach him a lesson.
Last week, a Bomet court dismissed a request by the prosecution to hold Ongondo for seven more days to allow for investigations and freed him on a Sh100,000 bond.
During his arrest, police collected bedsheets and other evidence from the room, and escorted the girl to Kapkatet Sub-County Hospital in Kericho for medical examinations.
Comments
What did they use to know…
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What did they use to know the girl was 17 years old? Something is cooking here.
In Kenya where faking birth…
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In Kenya where faking birth certificate is as common as getting a flue,this should not be a surprise. She could have two birth certificates,or have a fake one.
Even without proof of age as 17, palms could be greased,and make 17 magically become 24....
What is this magistrates age? Even if we put him at 50, what is he doing with a 22 year old? Granted she is an adult,but surely there is some "undue influence" on his part.
A wole magistrate cannot go…
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A wole magistrate cannot go to jail in this corrupt in this government. Maybe another one in the making. The wife has not even reported as a complainant though this is not expected anyway. The act has judge has also, already accomplished the goal of hitting a much younger p***y. Wasn't that his original goal? So, they are just wasting people's bundles.
The underage rule has always…
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The underage rule has always been used in Kenya by enemies to get back at each other. It is never about the welfare of the girl. Usually, it is used by the girl's parents to have the boy arrested, simply because he has not paid dowry. Even when he is also underage. Why do the police only arrest the boy, when they are both consentually engaging in underage sex? In many communities in Kenya, girls are married off as early as nine years old, and bride price is paid in full, and in the open. Why are the parents of the girl, or their suiters, not arrested? My take is that to prevent abuse of this law, the age of Consent should be 16, when a girl is physically and mentally mature to make a decision.In this case, my take is that someone had a grudge with the Magistrate, and is settling it using this law.
@ Settled Nomad, well said…
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In reply to The underage rule has always… by Settled Nomad (not verified)
@ Settled Nomad, well said.The underlying problem as you can see is that old men are using young girls for sexual,or financial benefits. If we have to change this evil, we must come down hard on men.
Massive rapes happen but…
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Massive rapes happen but parents settle kienyeji while coast parents are selling kids sex for income. Tourists sex destination. Sad
If this is a crime "the DCI…
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If this is a crime "the DCI intends to charge him for his failure to honor marital vows.", then many politicians, MCAs, police, rich men, etc should be apprehended immediately.
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